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10 U.S.C. § 12012 — Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations.—** Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of members of that reserve component who may be serving in the grade of: E–8E–9 Army Reserve: 10,0001,052154 11,0001,126168 12,0001,195180 13,0001,261191 14,0001,327202 15,0001,391213 16,0001,455224 17,0001,519235 18,0001,583246 19,0001,647257 20,0001,711268 21,0001,775278 Army National Guard: 20,0001,650550 22,0001,775615 24,0001,950645 26,0002,100675 28,0002,250715 30,0002,400735 32,0002,500760 34,0002,600780 36,0002,700800 38,0002,800820 40,0002,900830 42,0003,000840 Navy Reserve: 10,000340143 11,000364156 12,000386169 13,000407182 14,000423195 15,000435208 16,000447221 17,000459234 18,000471247 19,000483260 20,000495273 21,000507286 22,000519299 23,000531312 24,000540325 Marine Corps Reserve: 1,1005011 1,2005512 1,3006013 1,4006514 1,5007015 1,6007516 1,7008017 1,8008518 1,9008919 2,0009320 2,1009621 2,2009922 2,30010123 2,40010624 2,50011225 2,60011626 2,70012127 2,80012528 2,90013029 3,00013430 Air Force Reserve: 5007540 1,00014575 1,5
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Source file: Laws/federal/codes/united-states-code/title-10/section-12012-authorized-strengths-senior-enlisted-members-on-active-duty-or-on-full-t--e1be0f8675.md
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Source location: Title 10, Chapter 1201, § 12012; chapter-1201-authorized-strengths-and-distribution-in-grade.md
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**(a) Limitations.—** Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of members of that reserve component who may be serving in the grade of: E–8E–9 Army Reserve: 10,0001,052154 11,0001,126168 12,0001,195180 13,0001,261191 14,0001,327202 15,0001,391213 16,0001,455224 17,0001,519235 18,0001,583246 19,0001,647257 20,0001,711268 21,0001,775278 Army National Guard: 20,0001,650550 22,0001,775615 24,0001,950645 26,0002,100675 28,0002,250715 30,0002,400735 32,0002,500760 34,0002,600780 36,0002,700800 38,0002,800820 40,0002,900830 42,0003,000840 Navy Reserve: 10,000340143 11,000364156 12,000386169 13,000407182 14,000423195 15,000435208 16,000447221 17,000459234 18,000471247 19,000483260 20,000495273 21,000507286 22,000519299 23,000531312 24,000540325 Marine Corps Reserve: 1,1005011 1,2005512 1,3006013 1,4006514 1,5007015 1,6007516 1,7008017 1,8008518 1,9008919 2,0009320 2,1009621 2,2009922 2,30010123 2,40010624 2,50011225 2,60011626 2,70012127 2,80012528 2,90013029 3,00013430 Air Force Reserve: 5007540 1,00014575 1,500208105 2,000270130 2,500325150 3,000375170 3,500420190 4,000460210 4,500495230 5,000530250 5,500565270 6,000600290 7,000670330 8,000740370 10,000800400 Air National Guard: 10,0001,350550 12,0001,466594 14,0001,582636 16,0001,698676 18,0001,814714 20,0001,930752 22,0002,046790 24,0002,162828 26,0002,278866 28,0002,394904 30,0002,510942 32,0002,626980 34,0002,7421,018 36,0002,8581,056 38,0002,9741,094 40,0003,0901,132 .
**(b) Determinations by Interpolation.—** If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.
**(c) Reallocations to Lower Grade.—** Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for pay grade E–8.
**(d) Secretarial Waiver.—**
(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table.
(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.
**(e) Full-Time Reserve Component Duty Defined.—** In this section, the term “full-time reserve component duty” has the meaning given the term in [section 12011(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12011/e&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Active-Duty, Selected Reserve, and Space Force End Strengths To Be Authorized by Law.—** Congress shall authorize personnel strength levels for each fiscal year for each of the following:
(1) The end strength for the Army, Navy, Air Force, and Marine Corps for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).
(2) The end strength for the Selected Reserve of each reserve component of the armed forces.
(3) The end strength for the Space Force for members in space force active status.
**(b) Certain Reserves on Active Duty To Be Authorized by Law.—**
(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
(A) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=prelim) for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;
(B) full-time National Guard duty under [section 502(f)(1)(B) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f/1/B&num=0&edition=prelim) for the purpose of providing operational support when authorized by the Secretary of Defense;
(C) active duty under [section 12301(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/d&num=0&edition=pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 115
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations.—**
(1) Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of officers of that reserve component who may be serving in the grade of: MajorLieutenant ColonelColonel Army Reserve: 10,0001,390740230 11,0001,529803242 12,0001,668864252 13,0001,804924262 14,0001,940984272 15,0002,0751,044282 16,0002,2101,104291 17,0002,3451,164300 18,0002,4791,223309 19,0002,6131,282318 20,0002,7471,341327 21,0002,8771,400336 Army National Guard: 20,0001,500850325 22,0001,650930350 24,0001,7901,010378 26,0001,9301,085395 28,0002,0701,168420 30,0002,2001,245445 32,0002,3301,315460 34,0002,4501,385470 36,0002,5701,455480 38,0002,6701,527490 40,0002,7701,590500 42,0002,8371,655505 Marine Corps Reserve: 1,000996320 1,2001036721 1,3001077022 1,4001117323 1,5001147624 1,6001177925 1,7001208226 1,8001238527 1,9001268828 2,0001299129 2,1001329430 2,2001349731 2,30013610032 2,40014310534 2,50014910935 2,60015511336 2,70016111837 2,80016712239 2,90017312641 3,00017913042 Air Force Reserve 1,000166170100 1,500245251143 2,000322330182 2,500396406216 3,000467479246 3,500536550271 4,000602618292 4,500665683308 5,000726746320 5,500784806325 6,000840864327 7,000962990347 8,0001,0871,110356 10,0001,3221,362395 Air National Guard: 10,000763745333 12,000915923377 14,0001,0651,057402 16,0001,2111,185426 18,0001,3471,313450 20,0001,4631,440468 22,0001,6061,569494 24,0001,7391,697517 26,0001,87
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12011
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Federal law — U.S. Code and appendices · legal_authorities
In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of section 523, 525, or 526 of this title. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act ([50 U.S.C. 1621–162](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1621–162&num=0&edition=prelim)2) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
Page 3638
TITLE 10—ARMED FORCES
§ 12012
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–525 effective Oct. 1, 1984,
see section 413(c) of Pub. L. 98–525, set out as a note
under section 517 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see
section 503(c) of Pub. L. 98–94, set out as a note under
section 517 of this title.
§ 12012. Authorized strengths: senior enlisted
members on active duty or on full-time Na-
tional Guard duty for administration of the
reserves or the National Guard
(a) LIMITATIONS.—Of the total number of mem-
bers of a reserve component who are serving on
full-time reserve component duty at the end of
any fiscal year, the number of those members in
each of pay grades of E–8 and E–9 who may be
serving on active duty under section 10211 or
12310, or on full-time National Guard duty under
the authority of section 502(f) of title 32 (other
than for training) in connection with orga-
nizing, administering, recruiting, instructing, or
training the reserve components or the National
Guard may not, as of the end of that fiscal year,
exceed the number determined in accordance
with the following table:
Total number of members of
a reserve component serving
on full-time reserve compo-
nent duty:
Number of members of
that reserve component
who may be serving in
the grade of:
E–8
E–9
Army Reserve:
10,000 ....................................
1,052
154
11,000 ....................................
1,126
168
12,000 ....................................
1,195
180
13,000 ....................................
1,261
191
14,000 ....................................
1,327
202
15,000 ....................................
1,391
213
16,000 ....................................
1,455
22
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 12012
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